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Faculty in the News

Ohio State law professors are sought out for their expertise by a number of news media outlets and blogs with large audiences. Topics range from the death penalty to voter ID laws to artificial insemination – and our faculty members’ quotes and analysis can be found everywhere from small-town and national newspapers to radio broadcasts to cable news programs. The following is a selection of media coverage for Moritz College of Law faculty.

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2005 Media Hits

Professor Peter Swire said that a federal agency must demonstrate a "compelling need" to use web bugs on a site in this Associated Press story (printed in the Seattle Post Intelligencer) about an outside contractor who used Internet tracking technology on the White House's web site without permission. The story also appeared in the Pittsburgh Post-Gazette on January 1, 2006.

In this Newhouse News Service story about the increase of subpoenas for information from the telecommunications industry, Professor Peter Swire said that he is hearing it is unpatriotic to insist on legal subpoenas first."

In this New York Times article, Professor Peter Swire cautioned against making too much of a 1972 statement by Samuel A. Alito Jr., President Bush's Supreme Court nominee. The statement concerned granting immunity from lawsuits ordering wiretaps of Americans without permission from a court.

As Congress debates renewal of the USA Patriot Act, Professor Peter P. Swire noted in the Los Angeles Times story that the administrative subpoena known as a national security letter may be cause for greater concern than the "library provision."

Two Moritz Law professors were quoted in an Associated Press story about a Cincinnati attorney suing to overturn the health benefits of Miami University employees' same-sex partners. Professor David Goldberger said that there will more of these kinds of challenges. Professor Marc Spindelman said that the meaning of Issue 1, which banned civil unions in Ohio, that was promised is not the meaning of Issue 1 that proponents are urging the courts to enforce.

Two Moritz Law professors were quoted in an Associated Press story about a Cincinnati attorney suing to overturn the health benefits of Miami University employees' same-sex partners. Professor David Goldberger said that there will more of these kinds of challenges. Professor Marc Spindelman said that the meaning of Issue 1, which banned civil unions in Ohio, that was promised is not the meaning of Issue 1 that proponents are urging the courts to enforce.

Professor Joshua Dressler said that defense attorneys shouldn't assume the risk that the government will try to charge them with a crime simply for assisting the accused in this Columbus Dispatch story about a Cleveland lawyer who defends child-pornography defendants.

Professor Katherine Hunt Federle, the director of the Justice for Children Project, is quoted in this Cleveland Plain Dealer article about the child-welfare system and its capabilities to strip parents of their legal custody rights in certain cases.

Professor Edward B. "Ned" Foley, an election law expert, is quoted in this Columbus Dispatch article about Capital University law professor Bradley A. Smith, who departed a position as head of the Federal Elections Commission in August and became involved with the four "politically charged constitutional amendments that were decided by Ohio voters on Tuesday."

In a Columbus Dispatch story about the defeat of four constitutional amendments in Ohio, Professor Edward B. (Ned) Foley said that the reformers tried to do too much by putting too many issues on the ballot.

Hedge funds are growing like never before. Despite estimates that place the industry's total value above a trillion dollars, funds remain virtually free from the oversight of the Securities Exchange Commission. Moritz Professor Dale Oesterle debates the issue with David Skeel, the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School.

In a United Press International story, Professor Peter Swire said that the Microsoft Corp. decision to call for uniform federal legislation to replace inconsistent laws currently in place to protect the privacy of Internet users is a landmark one.

Professor Edward B. (Ned) Foley, an expert in election-law and director of an election law project at the Moritz College of Law, is quoted in this Columbus Dispatch article about Issue 5 on the November ballot, which would create a bipartisan, nine-person board to administer Ohio elections instead of the secretary of state.

Professor Edward B. "Ned" Foley was interviewed by This Week Newspapers on Issue 4, stating that drawing district boundaries has been a messy process throughout the nation's history. "The development of computer technology and a loss of self-restraint among party activists on both sides, the combination of both, has maximized dramatically the extent to which parties gerrymander," Foley said.

Republican legislators challenged by the governor last winter to clean up Ohio's sullied campaign contribution system chose to quadruple donation limits and disclose the name behind every dollar given. Professor Edward B. "Ned" Foley said the current contribution limit of $10,000 is "unnecessarily large" in this Cleveland Plain Dealer story.

In this Cleveland Plain Dealer story, Professor Kate Federle is interviewed on the Ohio Supreme Court's unanimous ruling that under certain circumstances grandparents or other blood relatives can get visitation with a child over a parent's objection. The ruling acknowledges that families are defined in a much broader context than just a nuclear family, said Kate Federle.

Professor Edward B. "Ned" Foley is quoted in this Toledo Blade story about the decreasing popularity of early voting and no-fault absentee ballots. "Given the huge long lines that occurred in Ohio last year, there's the sense that we need to solve that problem somehow. The easiest and perhaps least expensive solution is to allow more in-home voting," said Foley.

Professor Ruth Colker is quoted in this Toledo Blade article about advancements in medical technology and its use on both sides of the abortion argument. "What the court has continued to say, even though states aren't happy about it, is when states try to limit abortion after viability they still have to allow an exception for the health and well-being of the mother," Colker said.

In this AP story printed in the Akron Beacon Journal, Professor Sharon Davies is quoted about legitimate concerns that have risen from prosecutors' request that lawmakers keep their hands off an investigation into Ohio's government scandal. Davies said "a task force of county and federal prosecutors want top lawmakers to avoid hearings on the scandal out of fear such hearings could provide immunity from criminal prosecution." Legislative hearings are "a very effective tool for legislators," said Davies. "It just is one that happens to create problems for prosecutors."

Professor Joshua Dressler is quoted in this Columbus Dispatch article about the increasing difficulty that Franklin County jurors are experiencing when reaching agreements. "From 2001 to 2004, the county averaged 13 hung juries a year on criminal cases. So far this year, 20 juries have deadlocked," said Dressler. He further said although he knows of no statistical studies on the topic, some cases are more likely to be a problem for jurors than others."

In this Columbus Dispatch story about the U.S. government's decision to appeal a decision by a federal judge that the arrest of a terrorism suspect was illegal, Professor John B. Quigley expressed surprise that the government chose to appeal.

Professor Christopher M. Fairman is quoted in this Toledo Blade article about the state's plan to resolve its lawsuit against MDL Capital Management, the Pittsburgh-based investment firm that lost $215 million in a Bermuda hedge fund, in 2007. He said there is a variety of reasons for the trial to be scheduled in 2007, one of which could involve the gubernatorial election. He said a post-election trial could get the defendants and plaintiffs 'far away from the window of potential political damage' and remove the election's influence from the proceedings."

In a story how government and business is still searching for effective ways to share information, Professor Peter Swire cautioned that a gigantic database is a target for terrorists and other bad guys.

In this USA Today story, Professor David A. Goldberger is quoted about the dispute over access to documents becoming an increasingly common feature of the Senate confirmation process for top U.S. officials.

Ruth Colker, a law professor at The Ohio State University and author of The Disability Pendulum, talks about the progress that has been made since the Americans with Disabilities Act was passed in 1990.

Professor David A. Goldberger was quoted in this Columbus Dispatch story about the continuing conflict between State Sen. Marc Dann and Gov. Bob Taft over several documents which Dann believes should be made public under the law. "If the case goes forward, Dann's attorneys would have a tough time convincing the Supreme Court that Taft must turn over the uncensored documents," said Goldberger.

Professor Ruth Colker was quoted in this Columbus Dispatch article about positive and negative changes to the lives of disabled Americans following the passage of the Americans with Disabilities Act in 1990. Colker hails the act for slowly transforming attitudes, but she said few could have predicted the Supreme Court decisions that have narrowed the law's scope.

Professor Christopher M. Fairman was quoted in this Columbus Dispatch story about a lawyer who has represented the Ohio Bureau of Workers' Compensation and coin dealer Thomas W. Noe during investment scandals involving both entities over the past several months. "Although there might not technically have been a conflict, it would have been better to avoid the situation. It certainly doesn't pass the smell test we typically use when we look at issues in the abstract," Fairman said.

In this Wisconsin Journal-Sentinel story about Wisconsin Congressman F. James Sensenbrenner Jr. and how he has come under fire for second-guessing a federal appeals court ruling in a Chicago drug case, Professor Douglas Berman is quoted.

In a Toledo Blade story regarding the shift to federal court of the Ohio lawsuit to recover funds lost in a Bermuda hedge fund, Professor Christopher M. Fairman said that the move will give defendant MDL Capital Management some strategic advantages.

In a Government Heath IT story about the trend toward not using the Social Security number to identify members of the American Medical Association, Professor Peter P. Swire said that the use of the Social Security number as an identifier is inherently insecure.

In this CNN/Money story, Professor Douglas Berman is quoted about former WorldCom chief executive Bernard Ebbers and his bad choice when considering when to commit a crime. Convicted of multiple charges and due to be sentenced Wednesday, Ebbers, who lost in recent days a bid for a new trial, could receive a life term at a time when stiff sentences for corporate cons seem routine.

In this New York Times article about the length of time the U.S. Supreme Court has remained unchanged, Professor James J. Brudney said that "one of the beauties of the court is that it has to shape itself around a set of facts in each case."

In a Lowell (Mass.) Sun story about the upcoming Supreme Court nomination process, Professor Deborah Jones Merritt noted that the principle of law is the reason judges change once they've been appointed to the court.

In a Newhouse News Service story about the retirement of Sandra Day O'Connor from the U.S. Supreme Court, Professor Deborah Jones Merritt, who clerked for Justice O'Connor during the justice's first term, said that Justice O'Connor viewed the position with a sense of honor and also great trepidation.

Professor Deborah Jones Merritt is quoted in the Chicago Tribune story on the legacy of outgoing Supreme Court Justice Sandra Day O'Connor. Merritt says that "people are talking about her position as a centrist on the court, and in many ways, that is one of the greatest tributes to her."

In a Seattle Post-Intelligencer story about Washington State efforts to end alleged taxpayer support of painkiller addictions, Professor Peter Swire cautioned state officials and patient advocates to be careful to not reveal the names of patients.

In a Cleveland Plain Dealer story about how the Ohio Bureau of Workers' Compensation could have prevented the loss of more than $50 million in potential profit, Professor Dale Oesterle said "it looks like a lot of people were asleep at the switch here."

Professor Joshua Dressler discussed "Garrity" statements - a legal principle that employees cannot be prosecuted by using self-incriminating statements made during mandatory investigations by their employers - in this Columbus Dispatch story.

In a Columbus Dispatch story about the insider trading conviction of former Ohio State University marketing professor Roger D. Blackwell and a pending civil case against Blackwell, Professor Dale Oesterle said the civil trial might resume before the sentencing, which is expected in two to three months.

Professor Douglas A. Berman, also a sentencing expert, is quoted in this Washington Post article about Attorney General Alberto R. Gonzales' idea of a new system of mandatory minimum sentencing rules in response to recent Supreme Court decisions.

Douglas A. Berman was quoted in the Wall Street Journal about how the Supreme Court turned down a petition to clarify its January decision that invalidated U.S. mandatory sentencing guidelines, leaving federal Circuit Courts to make their own rules on the matter.

In his regular column in the Boulder Daily Camera, Professor Dale Oesterle says that Section 404 of the Sarbanes-Oxley Act looks good from 30 feet away, but up close it has some unappealing dents and chips.

In a Cleveland Plain Dealer story about how the Ohio Bureau of Workers' Compensation allowed Alan Brian Bond to continue investing $50 million of its money for at least 18 months after Bond was indicted on charges of taking more than $6.9 million in kickbacks that were billed to his clients, Professor Dale Oesterle said that any sign an investment firm is in trouble requires individual investors to act quickly.

In an Associated Press story in the Columbus Dispatch about a statement yesterday from Michael Jackson's attorney which said that the pop star is going to be more careful from now on and not let children into his bed, Professor Joshua Dressler said that it was a surprise that the jury found Jackson not guilty on all the charges.

In a Columbus Dispatch story about divorcing couples using collaborative law to keep negotiations out of court, Professor Christopher Fairman said that there is almost a cult like fervor among people who have used collaborative law. Professor Sarah Cole said that as long as the rules and process are spelled out for clients, there should be no problems.

In a Columbus Dispatch story about divorcing couples using collaborative law to keep negotiations out of court, Professor Christopher Fairman said that there is almost a cult like fervor among people who have used collaborative law. Professor Sarah Cole said that as long as the rules and process are spelled out for clients, there should be no problems.

A Reuters story says that the Florida murder conspiracy trial of a Palestinian academic accused of funding Middle East violence could set off a legal test of U.S. surveillance laws. Professor Peter Swire said that a wiretap could be requested if the "primary purpose" is criminal prosecution as long as the "significant purpose" is foreign intelligence.

In a St. Petersburg Times story about a judge who failed to alert attorneys during a murder trial that a juror may have been sleeping, Professor Joshua Dressler said that it was an unwise decision on the part of the judge not to acknowledge the situation.

In an Associated Press story about the U.S. Justice Department deciding that most health care employees can't be prosecuted for stealing personal data under a privacy law intended to protect medical information, Professor Peter Swire called the opinion bad law and public policy.

The New York Times [Read Article] story examines the Supreme Court ruling on May 31 on a case involving some Ohio inmates, who were represented by the clinical legal program at the Moritz College of Law. Stories below about the same case quote professor David A. Goldberger and clinical professor Elizabeth Cooke:
Inmates' religious rights upheld (The Columbus Dispatch)
Justices rule state prisons must accommodate witches (Chicago Sun Times)
Justices uphold law on religious freedom for prisoners (The Plain Dealer)
Justices uphold law on religion in prison (The Philadelphia Inquirer)
Supreme Court upholds prisoners' religious-rights law (The Seattle Times)
High Court Sides With Inmates on Religion (San Francisco Chronicle)
Prisons must give wide religious access (Cincinnati Enquirer)
US Supreme Court backs witch's rights (The Age - Australia)
High court sides with inmates on religion (Seattle Post-Intelligencer)
Supreme Court Sides With Witch, Satanist, Racial Separatist (WEWS Channel 5 - Cleveland)

The New York Times [Read Article] story examines the Supreme Court ruling on May 31 on a case involving some Ohio inmates, who were represented by the clinical legal program at the Moritz College of Law. Stories below about the same case quote professor David A. Goldberger and clinical professor Elizabeth Cooke:
Inmates\' religious rights upheld (The Columbus Dispatch)
Justices rule state prisons must accommodate witches (Chicago Sun Times)
Justices uphold law on religious freedom for prisoners (The Plain Dealer)
Justices uphold law on religion in prison (The Philadelphia Inquirer)
Supreme Court upholds prisoners\' religious-rights law (The Seattle Times)
High Court Sides With Inmates on Religion (San Francisco Chronicle)
Prisons must give wide religious access (Cincinnati Enquirer)
US Supreme Court backs witch\'s rights (The Age - Australia)
High court sides with inmates on religion (Seattle Post-Intelligencer)
Supreme Court Sides With Witch, Satanist, Racial Separatist (WEWS Channel 5 - Cleveland)

In an Associated Press story in the Washington Post, Professor Katherine Hunt Federle, director, Justice for Children Project was quoted about Lionel Tate, charged Tuesday with holding up a pizza delivery man at gunpoint at a friend's apartment. Tate made international headlines in 2001 and touched off a debate over Florida's practice of prosecuting juveniles as adults when he became the youngest person in modern U.S. history to be sentenced to life in prison.

In a Journal News (Westchester, Rockland, and Putnam counties, New York) story about a new software that lets businesses share computer files more discretely, Professor Peter P. Swire said that the software is expected to have broad applications.

In a United Press International story about China's disregard toward intellectual property rights, Professor Daniel C.K. Chow said that counterfeiting in China is considered by many to be the most serious counterfeiting problem in world history.

Professor Peter P. Swire discussed the Real ID Act, a proposal to standardize driver's licenses, on NPR's Morning Edition. For supporters, requiring applicants to prove residency is an important step in the war on terrorism. Professor Swire believes it creates a national ID system and causes privacy concerns.

On C/Netnews.com, Professor Peter P. Swire was quoted about spyware and the creators of the malicious code that infects computers. An ostensibly anti-spyware bill due for a vote in the U.S. House of Representatives may not be the best way to punish these folks.

All Things Considered's Larry Abramson (National Public Radio) reported on a House Judiciary subcommittee hearing that focused on electronic surveillance provisions of the Patriot Act. Professor Peter P. Swire testified that an Internet-based phone call can be stored and taken later under the lower standards of the Patriot Act. While there is no evidence that this has been done, he called for revisions to the act before it does.

A writer for Wired talked about Professor Peter P. Swire's upcoming testimony on April 21 before the U.S. House of Representatives Judiciary Committee on the Patriot Act reauthorizations. The main focus of his testimony was to be on Section 209, which allows government access to many telephone conversations with less than a wiretap order.

In a Des Moines Register story about increased security at the two federal courthouses in Des Moines, Professor Peter P. Swire said that the right to attend trials and the right to speak anonymously limits the government's power to check IDs.

An Associated Press story detailed a computer security break that allowed state employees to see Ohio Department of Public Safety confidential computer files for six hours on March 7. Professor Peter P. Swire said it was irresponsible to not notify affected individuals and agencies.

In an Associated Press story about the number of surveillance cameras, Professor Peter P. Swire said that it is good law enforcement to have cameras for specific times, but that there are private moments that should not be recorded. Among the publications where this story appeared are the San Francisco Chronicle, The New York Times, the Los Angeles Times, ABC News, and USA Today.

The Ohio State University Lantern story detailed the filing of "John Doe" lawsuits against OSU students for downloading and sharing movies illegally. The suits were filed by the Recording Industry of America. Professor Peter P. Swire said that "John Doe" lawsuits allow student defendants the opportunity to object to their names being given to the recording and motion picture industries.

A story in Information Week discussed the Homeland Security advisory committee. Professor Peter P. Swire, who addressed the committee, said that a big challenge is how to protect individual privacy in a world of data sharing.

In an Associated Press story (printed in the Akron Beacon Journal) about the upcoming trial of a man charged in highway sniper shootings, Professor Joshua Dressler said that the most realistic outcome is prison.

In an Information Week story about the newly formed Data Privacy and Integrity Advisory Committee in the Department of Homeland Security, Professor Peter P. Swire said that a challenge facing both the public and private sector is how to protect individual privacy in a world of data sharing.

In a New York Times story about the March 30 decision by the U.S. Supreme Court that allows workers to sue for discrimination, even though the discrimination wasn't intentional, Professor James J. Brudney said the decision left important questions to be addressed in future cases, such as whether cost-saving can be accepted as a reasonable justification for a policy that falls more harshly on older workers. This story also appeared in the San Jose Mercury News, the Deseret News, the Ledger, The Day, the Los Angeles Daily News, the Houston Chronicle and the Lexington Herald-Leader.

In a Seattle Post-Intelligencer story about the March 30 decision by the U.S. Supreme Court that allows workers over 40 to file age-bias claims, even if the employer didn't mean harm, Professor James J. Brudney said that the decision was surprising given the trend toward foreclosing what are known as "disparate impact" claims.

In a Daily Reporter story about the involvement of the Moritz College faculty and students in the U.S. Supreme Court case, Cutter v. Wilkinson, Dean Nancy H. Rogers said that Moritz students are encouraged to think not only what the law is now, but where it is going and how it is going to develop.

In a story in Federal Computer Week about the Markle Foundation Task Force on National Security, who produced a report that was influential in intelligence reform legislation, Professor Peter Swire said that task force member Jim Dempsey was well respected.

In a Chicago Tribune story printed in the Kansas City Star, Moritz Law Professor Marc Spindelman, who is visiting this semester at Georgetown Law School, said that the human elements remain the toughest part of the saga of Terri Schiavo.

In a Toledo Blade report about the March 21 arguments before the U.S. Supreme Court in Cutter v. Wilkinson, Professor David Goldberger said that it is important to assure that religious groups of all sorts are accommodated.

In a Newark, N.J., Star-Ledger story about the U.S. Supreme Court schedule to hear arguments in Cutter v. Wilkinson, Professor David Goldberger said that the case has the potential to be a block buster.

In an Associated Press story about the Cutter v. Wilkinson argument before the U.S. Supreme Court (printed in the Akron Beacon Journal), Professor David Goldberger was said that prisons tend to accommodate mainstream religions but not the ones practiced by those involved in the case: a Wiccan witch, a Satanist, a racial separatist who is an ordained minister of the Christian Identity Church, and others.

In a Cleveland Plain Dealer story about the U.S. Supreme Court hearing arguments in Cutter v. Wilkinson, Professor David Goldberger said that this is an attack on a statute that applies to Jews, Muslims and other mainstream religions.

In a Christian Science Monitor story about the U.S. Supreme Court arguments in Cutter v. Wilkinson, Professor David Goldberger said that a 2000 federal law - the Religious Land Use and Institutionalized Persons Act, is aimed at helping religious individuals overcome government-imposed burdens so they may be left alone to practice their faith better.

In a report on National Public Radio's Morning Edition about the U.S. Supreme Court hearing a case that challenges a five year-old law that requires prisons to accommodate inmates' religious practices, Professor David Goldberger was interviewed.

In a story in the St. Paul Pioneer Press about daily incursions into an individual's privacy and the advocates of the anti-terrorism partnership between for-profit businesses and the federal government, Professor Peter Swire called the new alliance "the security-industrial complex."

In a story on National Public Radio's All Things Considered about the theft of records from a data base, Professor Peter Swire said that considering the information it stores, there needs to be stricter controls on ChoicePoints customers.

In the Chicago Tribune, Professor Douglas Berman was interviewed regarding an American Bar Association report that indicates suspects who are unable to afford lawyers are wrongly convicted each year because they are pressured to accept guilty pleas or have incompetent attorneys.

In a Pittsburgh Post Gazette story about the U.S. Supreme Court ruling that police can turn a drug-sniffing dog loose on a car whose drive was stopped for speeding without violating the constitutional ban on unreasonable search and seizure, Associate Dean Sharon Davies said that it did not answer the question of whether it was constitutional to have canine units sniff parked cars.

In a New London, Conn., The Day, story about the possibility of convicted serial killer Michael Ross becoming the first person executed in Connecticut in more than 40 years, Professor Douglas Berman said that it is not uncommon that a volunteer is the first execution after the institution (or reinstitution) of the death penalty.

In a Columbus Dispatch story about conflicting psychological test results about the alleged Central Ohio highway sniper, Professor Joshua Dressler said that it would be rare for the court to order a third round of tests.

In a story in the Canton (Ohio) Repository about Ohio Secretary of State J. Kenneth Blackwell's decision to use optical-scan voting machines in the state, Professor Daniel Tokaji said that optical scan still is better than punch cards.

A Kansas City Star story discusses how Wednesday's U.S. Supreme Court decision in Booker and Fanfan affects local cases. Professor Douglas Berman and his on-line blog, Sentencing Law and Policy, are quoted.

In a Seattle Times story about Wednesday's U.S. Supreme Court decision in Booker and Fanfan, Professor Douglas Berman said that the court's decision does not affect previously decided cases, although it could give defendants an argument to the contrary.

In an Indianapolis Star story about the U.S. Supreme Court's decision to abandon nearly two decades of federal sentencing practice, Professor Douglas Berman expressed concern that the decision will create the kind of judge-by-judge, circuit-by-circuit variation that the guidelines were intended to reduce.

In a Milwaukee Journal-Sentinal article about the U.S. Supreme Court decision in Booker and Fanfan, Professor Douglas Berman said he suspected many defendants would seek re-sentencing, though it wasn't clear whether judges would comply.

In an Associated Press article on the U.S. Supreme Court's decision on federal sentencing guidelines, Professor Douglas Berman is quoted as saying "This creates more questions than it answers. There's going to be lots and lots of litigation."

NBC Nightly News with Brian Williams discussed the decisions of the United States Supreme Court in Booker and Fanfan. Professor Douglas Berman was interviewed during the story and said, "The decision marks a dramatic change in the way sentencing in the federal courts go forward, because now judges have almost unconstrained authority to sentence anywhere within the broader statutory ranges that Congress has provided for offenses." [View News Clip - select "launch"]

In a Columbus Dispatch story about the suspect in the killing of a police officer, Professor Joshua Dressler said that cellphone companies can give police access to the phone numbers a person is calling and receiving calls from.

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